Grupos cívicos en EE.UU. piden investigar los incidentes del 1 de mayo
Grupos cívicos en EE.UU. piden investigar los incidentes del 1 de mayo
Los grupos, encabezados por el "Center for Popular Democracy", pidieron al gobierno y a grupos pro derechos civiles que...
Los grupos, encabezados por el "Center for Popular Democracy", pidieron al gobierno y a grupos pro derechos civiles que investiguen de forma transparente el comportamiento de agentes de la Policía.
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Vermont Workers’ Center at the Fore of Health Care Advocacy
VT Digger - January 12, 2014, by Morgan True - Last week’s pro-universal health care demonstration during Gov. Peter...
VT Digger - January 12, 2014, by Morgan True - Last week’s pro-universal health care demonstration during Gov. Peter Shumlin’s inaugural address drew attention locally and nationally, and left many wanting to know more about its organizers — the Vermont Workers’ Center, which has grown substantially in the past five years.
Founded nearly two decades ago as Central Vermonters for a Livable Wage, the nonprofit labor and human rights group has evolved into a substantial grassroots organization.
In 2001, as the Vermont Workers’ Center, the group affiliated with Jobs With Justice, a national pro-labor group, and is essentially that organization’s Vermont chapter. VWC founded the Health Care Is a Human Right campaign in 2008 because the cost of medical care and health insurance was creating crises for its members that “transcended” the workplace, according to the group’s website.
The campaign is viewed by some as a model for health care advocacy in other states.
Since launching the Health Care Is a Human Right Campaign, VWC’s annual budget has grown from $154,500 in 2008 to $638,700 in 2012, the latest publicly available tax filing from the group.
James Haslam, VWC’s director, said its current budget is close to $800,000, a more than fivefold increase since the campaign began. The money comes from donations and foundation grants in roughly equal parts, Haslam said.
The Ben & Jerry’s Foundation is its largest grantor, providing $50,000 this year, Haslam said. It has given the group $160,000 since 2010, including $35,000 to offer guidance to similar groups across the U.S. Grantees are voted on by a committee of Ben & Jerry’s workers, according to a statement.
“The Ben & Jerry’s Foundation supports grassroots organizations throughout the U.S. that are working for progressive social change and a more equitable society,” according to the foundation’s statement.
VWC also chose to start collecting dues from its members in 2014, Haslam added. The dues follow a sliding scale based on members’ ability to pay, he said.
The grassroots activists have strong affiliations with national labor and human rights groups including Health Care Now, Labor for Single Payer, National Economic and Social Rights Initiative, The Center for Popular Democracy and the Grassroots Global Justice Alliance, according to Haslam.
Kate Kanelstein, VWC’s lead organizer, is on Grassroots Global Justice Alliance’s national coordinating committee. Kanelstein was among those arrested during Thursday’s sit-in in the House chamber.
“We’re part of a broader people’s movement to turn things around for working people,” Haslam said.
Those connections have helped propel VWC to the forefront of national activism on universal public health care.
The National Economic and Social Rights Initiative provides strategic advice and training to VWC and similar groups throughout the U.S., said Anja Rudiger, director of programming for NESRI.
VWC has successfully, and appropriately, according to Rudiger, applied the principles of human rights advocacy to health policy by focusing on the hardship of individuals, rather than the “nitty-gritty” of policy debates.
By reframing access to health care as a human rights issue, VWC and others are able to highlight the injustices of the high cost of medical services and a for-profit health insurance system.
There are now Health Care Is a Human Right campaigns in Maryland, Pennsylvania and Maine. Groups in Oregon and Washington are also hoping to model health care advocacy work on the template created by VWC.
VWC is using the tactics and strategies of other human rights movements, including demonstrations and civil disobedience, which are well established, but have not previously been applied to health care, Rudiger said.
A ‘new environment’ and a national movement
Some have argued that last week’s demonstration hurt VWC’s credibility with the Legislature — one senator called the tactics “fascist” — but the demonstration has drawn increased attention from national groups and other advocates for universal health care.
Amnesty International, National Nurses United and more than 60 other labor and health care advocacy groups signed an open letter to the Vermont Legislature urging lawmakers to press on with Act 48, the state’s universal health care law. NESRI helped get many of the signatories to that letter, Rudiger said.
The Rev. William Barber, most famous for starting the Moral Monday movement, wrote a letter of solidarity, calling it immoral for people not to have access to medical care.
The backlash from lawmakers was anticipated, Haslam said, and he doesn’t think it hurts VWC’s ultimate goal of achieving universal access to health services.
“No one that truly supports universal health care is not going to support it because of a protest,” he said.
The visceral reaction from legislators may be partly because the Statehouse hasn’t been the venue for Occupy-esque demonstrations previously, said longtime State Curator David Schutz, though they’ve become increasingly common elsewhere in Vermont and nationally.
“It’s a new environment,” Schutz said, one ushered in by the October occupation of the governor’s offices in the nearby Pavilion Building.
That action was primarily the work of Rising Tide Vermont, the local affiliate of a national climate advocacy group, to protest the expansion of a Vermont Gas pipeline. The Workers’ Center helped organize that demonstration, which resulted in 64 arrests, though charges were later dropped.
Keith Brunner, the communication coordinator for the center, was among those arrested at the pipeline demonstration. Though he was present at the Statehouse last week, he was not arrested.
The only comparable event to Thursday’s demonstrations that took place in the Statehouse during the past 30 years was during the debate over civil unions in 2000, Schutz said.
It was necessary to rile official Vermont, Rudiger said, because it appears Shumlin has unilaterally stalled the state’s movement toward universal health care.
“It’s not about being disrespectful to lawmakers, it’s about highlighting the conditions in people’s lives that bring about those actions and that’s always what civil disobedience has been about,” she said.
Nationally, advocates for public universal health care were aware of the movement in Vermont, but few had received the news of Shumlin’s “wavering,” Haslam said.
Last week’s demonstration was an opportunity to get that message out and put Vermont back in the national spotlight in order to keep the momentum behind a universal health care program for the state, Haslam said.
VWC workers among those arrested last week
Many in Vermont’s political Twittersphere expressed surprise — or consternation — that several of Thursday’s demonstrators, including some who were arrested, are paid employees for the Workers’ Center.
In addition to Kanelstein, field organizers Shela Linton, Elizabeth Beatty-Owens, Avery Pittman and campaign coordinator Matt McGrath were among the 29 arrested.
Members, volunteers and staff were told at a planning meeting that the sit-in carried the risk of arrest, Haslam said. Those who participated in the sit-in chose to take that risk in order to push for legislative hearings on the governor’s single payer report.
The Workers’ Center employees who were arrested had “personal experiences with health care crises,” Haslam said. Many got involved because of that experience, and started out as members or volunteers before being hired.
Lobbying only a small part of what VWC does
The Workers’ Center is limited in its ability to lobby elected officials because it is a 501(c)(3) nonprofit. The organization is aware of that line, and takes steps to make sure it’s not crossed, according to Haslam.
Its field organizers are registered lobbyists, Haslam said, which is corroborated by the Secretary of State’s database.
The IRS threshold for tax-exempt nonprofits is whether lobbying activities constitute “a substantial part of its overall activities,” with expenditures on lobbying capped at 20 percent for a group the size of VWC.
The Vermont Workers’ Center keeps time sheets and records expenditures to ensure they meet the expense limits, Haslam said. Its 2012 990 tax filing, the most recent available, says those expenditures are available on request and does not list them.
Lobbying as part of the Healthcare Is a Human Right campaign is not a substantial portion of the center’s overall operation, Haslam added.
The group is involved in community organizing and leadership development, and helps build grassroots networks and coalitions on a broad array of issues, primarily labor-related, he said.
The Workers’ Center has supported striking FairPoint workers, recently unionized home care workers and workers at the University of Vermont who are trying to form a union.
They operate a workers’ hotline to field workplace complaints and employ an accountability monitor to help enforce Burlington’s livable wage ordinance.
The Workers’ Center also runs the People’s University for Learning and Liberation with a staffer dedicated to preparing workshops, skill building, continuing education for its members and affiliated groups.
Source
Report: Lax Oversight Leaves Charter Schools Vulnerable to Fraud
SF Gate - March 24, 2015, by Jill Tucker - California’s 1,100 charter schools are subject to insufficient financial...
SF Gate - March 24, 2015, by Jill Tucker - California’s 1,100 charter schools are subject to insufficient financial oversight, lax practices that leave the door wide open to fraud, mismanagement and abuse, according to a report released Tuesday by a trio of education policy groups.
Since the first charter school opened in 1992, state or local officials have uncovered more than $81 million in fraud or mismanagement. But that’s probably the tip of a very big iceberg, according to the report released by Public Advocates, Alliance of Californians for Community Empowerment and the Center for Popular Democracy.
The report’s authors estimate that charter school fraud could be closer to $100 million in 2015 alone, based on methodology cited the Association for Certified Fraud Examiners 2014 Report to Nations on Occupational Fraud and Abuse.
“Charter schools promised to innovate and show best practices for schools — but is this how they are living up to that promise? This is not an example of how schools should work – this is an example of what not to do,” said Martha Sanchez, a parent and community leader with the Alliance of Californians for Community Empowerment.
The California Charter School Association, however, criticized the report for “making estimates based on global assumptions calls into the question the credibility of the report and the organizations that published it.”
“While we don’t presume to understand the motives behind this report we do know that California is a state where the charter school sector, authorizers and legislators have come together to put into place real solutions,” according to the charter organization, in a statement. “It is unfortunate that we continue to have similar distractions for a sector that the report itself suggests is demonstrating to be responsible users of precious public funds in addition to serving a half a million public school students well.”
The report cites several instances of uncovered fraud, including $2.7 million for excessive amounts of school supplies at Los Angeles’ Wisdom Academy of Young Scientists Charter Schools, provided by vendors who were family members or close acquaintances of the former executive director and who charged exorbitant prices.
The report also cited Oakland’s American Indian charter schools, where the former director reportedly diverted more than $3 million to his own businesses via rent and other expenditures.
The agency that authorized the charter school — typically the local school district or county office of education — is responsible for oversight, but they don’t always have enough staff to perform fraud risk assessments, the report said.
The report recommended that charter school audits include an assessment by someone certified in financial forensics and that school board or county boards of education should require charter schools to ensure fraud controls are in place before granting a charter or renewing one.
“California already spends too little on public education, so it’s critical to ensure that this money actually goes where it’s intended — to serve kids,” said Hilary Hammell, an attorney at Public Advocates. “When charter school operators misappropriate public education money, our state’s most vulnerable families suffer.”
Source
Ciudades no sólo benefician a los inmigrantes con el ID municipal
Ciudades no sólo benefician a los inmigrantes con el ID municipal
Ocho años atrás, a raíz de ataques contra la comunidad local de inmigrantes y el fracaso de la legislatura estatal en...
Ocho años atrás, a raíz de ataques contra la comunidad local de inmigrantes y el fracaso de la legislatura estatal en expandir el acceso a licencias de conducir, la ciudad de New Haven creó el primer programa municipal del país que otorga un documento de identificación.
Poco a poco, otras ciudades siguieron el ejemplo de New Haven y reconocieron los grandes beneficios que otorga una identificación municipal, no solo para los residentes que no pueden obtener acceso a otros tipos de identificación emitida por el gobierno, sino por el bien de la vida política y económica en general.
Al principio, la adopción de programas de identificación municipal fue un proceso lento, pero se ha acelerado significativamente en el año 2015, impulsada en gran parte por el lanzamiento de la identificación municipal de la ciudad de Nueva York. El IDNYC , aprobado por el Concejo Municipal el año pasado y estrenado a inicios de este año por el alcalde Bill de Blasio, es ahora el más extenso programa de identificación municipal en el país, con más de 350,000 inscritos.
Sin la correcta identificación, una persona tal vez no pueda abrir una cuenta bancaria o cobrar un cheque, recibir atención médica en un hospital, inscribir a su hijo en la escuela, solicitar beneficios públicos, presentar una queja ante el departamento de policía, sacar libros de la biblioteca, votar en las elecciones o siquiera recoger un paquete de la oficina de correos. Con una simple medida, la identificación municipal elimina todas esas barreras.
Si bien las comunidades inmigrantes han sido una fuerza influyente al solicitar que las ciudades adopten programas de identificación municipal, los beneficiarios no se limitarán a las comunidades de inmigrantes.
La identificación municipal es una medida política de gran impacto, precisamente por su potencial de adaptarse a un amplio espectro de situaciones de la vida real. Una docena de ciudades tienen programas nuevos, y hay campañas a su favor en otras tantas. Estos programas tienen el propósito de reducir la falta de acceso a servicios municipales para jóvenes, personas sin hogar, ancianos, ex convictos y personas trasgénero.
Las ciudades también se están dando cuenta de que, para que sus programas de identificación local tengan éxito, deben ser atractivos para todos, incluso residentes que ya tienen otras formas de identificación. El uso de estos documentos de identificación otorga beneficios en negocios e instituciones culturales locales. De esta manera, las ciudades atraen una amplia gama de participantes, lo que le da mayor legitimidad a dicho documento en la comunidad.
Mientras continúe la lucha por la reforma a nivel federal, la identificación municipal es algo que los gobiernos locales pueden hacer para incluir y empoderar a los inmigrantes en su comunidad.
Programas como estos envían un mensaje de inclusión y bienvenida no solo dentro de los linderos de la ciudad donde existen, sino también externamente, hacia el resto del país y Washington DC, donde millones de vidas están en la cuerda floja, pendientes de un debate paralizado.
Source: El Diario
The Obamacare repeal battle showed the power and limits of grassroots organizing
The Obamacare repeal battle showed the power and limits of grassroots organizing
Jennifer Flynn Walker and Paul Davis are close friends, left-wing organizers who worked together as activists during...
Jennifer Flynn Walker and Paul Davis are close friends, left-wing organizers who worked together as activists during the HIV/AIDS crisis of the 1990s and have trained hundreds of other activists since.
They’ve also both dedicated much of their past seven months to fighting Republicans’ efforts to repeal and replace Obamacare. But ask them what to make of the fight and you’ll hear wildly different answers.
Read the full article here.
Support the Farmworkers Fasting to End Sexual Assault in Wendy’s Supply Chain
Support the Farmworkers Fasting to End Sexual Assault in Wendy’s Supply Chain
“This year marks a decade since the 2008 financial crisis—and many of those affected have yet to recover. As part of...
“This year marks a decade since the 2008 financial crisis—and many of those affected have yet to recover. As part of its campaign to demand that the New York Federal Reserve pick a president that will stand up to Wall Street, the Center for Popular Democracy is collecting stories from those affected by the crash. Watch and share some of those stories, then submit your own.”
Read the full article here.Dozen protesters arrested in Manhattan during May Day rallies
Dozen protesters arrested in Manhattan during May Day rallies
Exuberant rallies, inspirational speeches and more than two dozen arrests for the cause of immigrant workers marked May...
Exuberant rallies, inspirational speeches and more than two dozen arrests for the cause of immigrant workers marked May Day celebrations around the city on Monday.
A dozen protesters were arrested outside JPMorgan Chase’s Park Ave. headquarters, and demonstrators also gathered in front of a Wells Fargo bank nearby, highlighting the two institutions’ financing of private Immigration and Customs Enforcement detention facilities.
Read full article here.
Report: Anti-gay Laws Drive Up Poverty Rates for LGBT People
Miami Herald - September 30, 2014, by Steve Rothaus - A report issued Tuesday shows that LGBT Americans face added...
Miami Herald - September 30, 2014, by Steve Rothaus - A report issued Tuesday shows that LGBT Americans face added financial burdens — and often higher poverty rates — because of antigay national, state and local legislation.
NBC News has covered the story, with a video of Arlene Goldberg, the Fort Myers widow who is suing Florida to recognize her marriage to longtime partner Carol Goldwasser.
Goldberg’s primary income is Social Security. Because Florida doesn’t recognize Goldberg’s marriage, she is unable to qualify as Goldwasser’s widow and collect her Social Security payments, which were $700 more each month than Goldberg’s.
Here’s a news release from the Movement Advancement Project (MAP) and the Center for American Progress (CAP):
Washington, D.C. — A landmark report released today paints a stark picture of the added financial burdens faced by lesbian, gay, bisexual, and transgender (LGBT) Americans because of anti-LGBT laws at the national, state and local levels. According to the report, these laws contribute to significantly higher rates of poverty among LGBT Americans and create unfair financial penalties in the form of higher taxes, reduced wages and Social Security income, increased healthcare costs, and more.
The momentum of recent court rulings overturning marriage bans across the country has created the impression that LGBT Americans are on the cusp of achieving full equality from coast-to-coast. But the new report, Paying an Unfair Price: The Financial Penalty for Being LGBT in America, documents how inequitable laws harm the economic well-being of LGBT people in three key ways: by enabling legal discrimination in jobs, housing, credit and other areas; by failing to recognize LGBT families, both in general and across a range of programs and laws designed to help American families; and by creating barriers to safe and affordable education for LGBT students and the children of LGBT parents.
Paying an Unfair Pricewas co-authored by the Movement Advancement Project (MAP) and the Center for American Progress (CAP), in partnership with Center for Community Change, Center for Popular Democracy, National Association of Social Workers, and the National Education Association. It is available online at www.lgbtmap.org/unfair-price.
“Unfair laws deliver a one-two punch. They both drive poverty within the LGBT community and then hit people when they are down,” said Ineke Mushovic, Executive Director of MAP. “While families with means might be able to withstand the costs of extra taxation or the unfair denial of Social Security benefits, for an already-struggling family these financial penalties can mean the difference between getting by and getting evicted. Anti-LGBT laws do the most harm to the most vulnerable in the LGBT community, including those who are barely making ends meet, families with children, older adults, and people of color.”
The report documents the often-devastating consequences when the law fails LGBT families. For example, children raised by same-sex parents are almost twice as likely to be poor as children raised by married opposite-sex parents. Additionally, 15 percent of transgender workers have incomes of less than $10,000 per year; among the population as a whole, the comparable figure is just four percent. To demonstrate the connection between anti-LGBT laws and the finances of LGBT Americans and their families, the report outlines how LGBT people living in states with low levels of equality are more likely to be poor, both compared to their non-LGBT neighbors, and compared to their LGBT counterparts in state with high levels of equality. For example, the denial of marriage costs gay and lesbian families money; same-sex couples with children had just $689 less in household income than married opposite-sex couples in states with marriage and relationship recognition for same-sex couples, but had an astounding $8,912 less in household income in states lacking such protections.
DISCRIMINATORY LAWS CREATE A DEVASTATING CYCLE OF POVERTY
How do inequitable laws contribute to higher rates of poverty for LGBT people? The report documents how LGBT people in the United States face clear financial penalties because of three primary failures in the law.
1. Lack of protection from discrimination means that LGBT people can be fired, denied housing and credit, and refused medically-necessary healthcare simply because they are LGBT. The financial penalty: LGBT people can struggle to find work, make less on the job, and have higher housing and medical costs than their non-LGBT peers.
2. Refusal to recognize LGBT families means that LGBT families are denied many of thesame benefits afforded to non-LGBT families when it comes to health insurance, taxes, vital safety-net programs, and retirement planning. The financial penalty: LGBT families pay more for health insurance, taxes, and legal assistance, and may be unable to access essential protections for their families in times of crisis.
3. Failure to adequately protect LGBT students means that LGBT people and their families often face a hostile, unsafe, and unwelcoming environment in local schools, as well as discrimination in accessing financial aid and other support. The financial penalty: LGBT youth are more likely to perform poorly in school and to face challenges pursuing postsecondary educational opportunities, as can youth with LGBT parents. This, in turn, can reduce their earnings over time, as well as their chances of having successful jobs and careers.
“Imagine losing your job or your home simply because of who you are or whom you love. Imagine having to choose between paying the rent and finding legal help so you can establish parenting rights for the child you have been raising from birth,” said Laura E. Durso, Director LGBT Progress at the Center for American Progress at CAP. “These are just a couple of the added costs that are harming the economic security of LGBT people across the country. It is unfair and un-American that LGBT people are penalized because of who they are, and it has real and profound effects on their ability to stay out of poverty and provide for their families.”
Paying an Unfair Price offers broad recommendations for helping strengthen economic security for LGBT Americans. Recommendations include: instituting basic nondiscrimination protections at the federal and state level; allowing same-sex couples to marry in all states; allowing LGBT parents to form legal ties with the children they are raising; andprotecting students from discrimination and harassment on the basis of sexual orientation and gender identity.
“At a time when so many American families are struggling to make ends meet, the report's findings point to an even bleaker reality for those who are both LGBT and people of color," said Connie Razza, Director of Strategic Research at the Center for Popular Democracy. "Unchecked employment discrimination and laws that needlessly increase the costs of healthcare, housing and childcare are doing profound harm to our economic strength as a nation. This report offers real-life policy solutions that, if implemented, would protect some of our most vulnerable individuals and families."
“Reducing the unfair financial penalties that LGBT people face in this country because they are LGBT is not that complicated. It is a simple matter of treating LGBT Americans equally under the law. For example, extending the freedom to marry, including LGBT students in safe schools laws, and ending the exclusion of LGBT people from laws meant to protect families when a parent dies or becomes disabled,” said Deepak Bhargava, executive director of the Center for Community Change.
Source
Dream Come True
Dream Come True
Alyssa Milano and Ady Barkan attend the Los Angeles Supports a Dream Act Now! protest on Wednesday....
Alyssa Milano and Ady Barkan attend the Los Angeles Supports a Dream Act Now! protest on Wednesday.
See the photo here.
Poor Immigrants Get Free Legal Defense in New York City Program
NBC News - June 25, 2014, by Kat Aaron and Seth Freed Wessler - Leroy Samuels walked into the Varick Street immigration...
NBC News - June 25, 2014, by Kat Aaron and Seth Freed Wessler - Leroy Samuels walked into the Varick Street immigration court in lower Manhattan, his wrists handcuffed and attached to a chain around his waist. “My heart is beating,” Samuels’ older sister Anneisha said from a courtroom bench as her father beside her, his head in his hands to hide tears. Samuels, dressed in an orange jumpsuit, nodded at his family and lowered his eyes.
Three days earlier, the 24-year-old had been in a New Jersey detention center preparing to appear at his first hearing alone. Immigrants facing deportation, like Samuels, aren’t eligible for court-appointed attorneys. And like most immigrants in his position, he couldn’t afford one on his own
“I found some lawyers online, but they asked for $4,000,” Anneisha said. “I just hung up.”
Without legal defense, Samuels was sure he’d be deported to Jamaica, the country where he was born but has not been for nearly 15 years since his father brought him to the U.S.
But Samuels arrived in court that December morning with an attorney anyway. He is one of 190 people facing deportation from New York City who have been provided a free lawyer through the Family Unity Program, a city council-funded pilot initiative that provides for two public defenders’ offices to hire lawyers to represent poor immigrants in detention. It's the first program of its kind in the country. Now city lawmakers are poised to expand it almost ten-fold, making New York City the first municipality to provide legal defense to all detained indigent residents facing deportation.
“Justice shouldn't depend on the income level of anyone,” says Judge Robert Katzmann, Chief Judge of the U.S. Court of Appeals for the Second Circuit, who convened a multi-year study group from which the pilot emerged. “I think that the project will create momentum for greater support for providing counsel for people facing deportation.”
A number of other cities, including Boston and Chicago, are exploring similar programs. And this year, Alameda County, California, which includes the cities of Oakland, Fremont and Berkeley, started a program that approaches New York’s.
“This is part of a trend,” says Raha Jorjani, the immigration attorney hired by Alameda County. “Public defenders are saying that until Congress acts to provide legal defense for immigrants in deportation proceedings, we at the county level have to do our part to mitigate harm to clients.
In recent years, more immigrants have found themselves in court as the U.S. government has deported and detained nearly 400,000 each year. Though not all people facing deportation are detained, those who get locked up, either because they were previously charged with a crime or entered the country without papers, are less likely to have an attorney to represent them and more likely to be deported. The two biggest factors in successfully resolving a case are having a lawyer and being free during the trial, according to a report by Katzmann’s group.
Preliminary data on the New York City pilot, which comes to a close on June 30th, shows that of 190 detainees, almost half have been released or have a legal case to argue for release. Some may still be deported but can now fight from outside prison.
Providing these immigrants with legal defense, Katzmann says, creates both fairness and efficiency, saving county and federal governments money they’d otherwise spend locking people up. “It's a benefit to the judge, it’s a benefit to the government and to the non-citizen. It's really an example of how the government process can be made better.”
For Samuels, the road to immigration court started with legal trouble in 2010. He’d been without a place to stay and was sleeping on a friend’s couch. The friend, Samuels says, asked him to hold onto a package of drugs. Samuels says police officers arrived at the apartment and arrested him. He pleaded guilty and was convicted of criminal possession of a controlled substance and sentenced to time-served, six days in jail.
Samuels and his family say he quickly straightened his life. He found a steady job at a pharmacy, stopped hanging with friends who sold drugs and made sure to see his son, who lived with his ex-girlfriend, at least twice a week. A year passed and then two. He thought the criminal case was behind him.
Then at around 8:30 one morning last December, as he walked home to his Brooklyn apartment after working the night shift, he was stopped on the street and arrested by federal immigration agents. He was placed in detention in New Jersey, facing deportation. Immigration attorneys say it’s not uncommon for officials to detain immigrants long after an arrest.
“I never really thought about being deported,” Samuels said this winter from behind glass in the visitation room at the Hudson County, New Jersey, detention center. “I had a good job. I had visits with my son. I was on my way,” Samuels said. He’d hoped to enroll in culinary school, but from detention, he saw his plans evaporating. And his live-in girlfriend was pregnant and due in May. “What if I’m not there?” he said.
“The first time that I visited my brother at Hudson,” Anneisha Samuels says, “I didn’t know what to do. It’s not like when people are arrested, regular arrested, and they get a lawyer.”
Anneisha had recently lost her job as a home health aide. Their father was between jobs, too.
The next day, Anneisha received a call from Talia Peleg of Brooklyn Defenders Services, one of three attorneys from her office working on the immigrant defense pilot program. (The Bronx Defenders office employs three others.) Peleg bore good news: She would represent Leroy in court free of charge.
“An attorney knows how to talk the talk and walk the walk,” Peleg explained recently. “And to translate these complex immigration issues into a narrative that makes sense to the court,” without a lawyer, “I don’t know if that would be possible.”
The program attorneys say their representation by no means guarantees that their clients will stay in the U.S. For people with many criminal convictions, there’s no viable legal argument to stay. Many of these people are subject to what's known as mandatory detention. For them, fighting to remain in America can mean months or even years in detention while their case winds through the system. Some opt to leave.
Diego Garcia, originally from Guerrero, Mexico, picked up several misdemeanor and disorderly conduct charges in New York. He was fired from a catering job and was drinking heavily.
Eventually, those arrests led to deportation proceedings. He landed in the Hudson County detention center, and then at the Varick Street Immigration Court, where he, too, met Peleg. He was so eager to get out of prison that he told her he just wanted to be deported, but she encouraged him to sit through a 35-minute intake questionnaire to see what his options might be.
It turned out Garcia was eligible for a U visa, a special visa for victims of crime–in his case, witness tampering. The catering company he’d worked for had paid him and others far less than minimum wage, according to the Department of Labor. Garcia’s lawyers say his employer then pressured him to lie to federal investigators who were at the time looking into workplace violations.
Garcia was thrilled to hear there was a possible path to staying in America.
Peleg explained that the visa—if it came through—would take months, and he'd have to stay at Hudson while they fought. Rather than wait in jail, Garcia accepted the removal order, and went back to Mexico. “I wanted to be free,” he said recently by phone from Mexico City, “and fight from there.”
“It's very hard to be incarcerated, waiting,” Garcia said “When you're there, you feel confused, fearful.”
Peleg and Garcia are in regular contact as she pursues his U visa. And he has some money to help him get through the wait. When Peleg contacted the Department of Labor, which had repeatedly fined the catering company, officials said they had more than $3,000 in back wages for Garcia.
According to New York City Councilwoman Julissa Ferreras, who represents several heavily immigrant communities in Queens, before the pilot project, she heard from families who spent thousands of dollars on immigration lawyers. “Often times it was money that these families didn't have,” she said. But no one was beating down her door demanding publicly-funded lawyers, she said. “My constituency didn't even know that that's what they needed to cry out for.”
Now, that’s changed. The families she talks to are getting help from attorneys whose sole focus is on immigration defense. “We're raising the level of justice,” Ferreras said.
The final draft of the budget, released by the city council Tuesday night, allocates $4.9 million to expand the program. Now, all poor New Yorkers facing deportation, both at Varick Street and nearby immigration courts in New Jersey, will be appointed an attorney.
Ultimately, the goal of the project’s advocates is to provide counsel for all migrants facing deportation in New York State, which would cost $7.4 million, said Peter Markowitz, who runs the immigration legal clinic at Cardozo School of Law, which has helped lead advocacy for the pilot program.
That price tag would be offset by savings for the state, which would spend less on health care and foster care for children whose parents are deported, according to a study by the Center for Popular Democracy, another group supporting the program. The private sector would benefit, too; New York State employers now lose an estimated $9.1 million dollars in turnover costs to replace detained and deported workers, the study found.
Nationally, it would cost just over $200 million to give a lawyer to every indigent immigrant facing deportation, according to one recent study. The federal government would save close to $175 million in detention costs, the study found.
In April, Leroy Samuels appeared in in the Varick Street court again. He walked through the doors in cuffs, and his sister and father sat in the same spot. His attorney had already made a deal with the federal government’s lawyer: Samuels would be granted release. After a short hearing, the judge warned Leroy not to get into any more trouble, and then told the now-25-year old that he could leave. In the courthouse cafeteria Samuels embraced his father and sister and thanked his attorneys.
Samuels’ return has been difficult. He says that he hasn’t been able to get his job back—his former boss told him the company isn’t hiring.
But weeks ago, his girlfriend gave birth to their son. The day he was released, Samuels said, “I feel like I got a fresh start because of these lawyers.”
Source.
5 days ago
5 days ago